Court No. - 65

Case :- APPLICATION U/S 482 No. - 39809 of 2022

Applicant :- Sumitra And Another

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Adeel Ahmad Khan

Counsel for Opposite Party :- G.A.

Hon'ble Rajiv Gupta,J.

Heard learned counsel for the applicants, learned counsel for

the opposite party No. 2, learned A.G.A. for the State and

perused the record.

By means of this application under Section 482 Cr.P.C., the

applicants have challenged the cognizance /summoning order

dated 30.5.2019 and charge sheet No. 99/2019 dated 3.5.2019

as well as entire proceedings of Special Session Case No. 173

of 2019 (State vs. Sumitra and another) arising out of Case

Crime No. 79 of 2019, under Sections 363, 366, 376, 504 IPC

and Section ¾ and 16/17 of Protection of Children from Sexual

offences Act, 2012, P.S. Kothibhar, District- Maharajganj,

pending in the court of Special Judge/Exclusive Court, POCSO

Act, Maharajganj.

Brief facts giving rise to this application are that the first

information report has been lodged by Mamta Chaurasia against

the applicants on 25.3.2019 stating therein that on 23.3.2019,

her daughter Suchita Chaurasia, who is a student of Cl